Attorney James F. Martin, represented a commercial property owner of a warehouse and manufacturing facility located in Berkshire County, Massachusetts before the Massachusetts Appellate Tax Board. For fiscal year 2008, the City’s assessed value of the subject property was $4,273,800.00. Martin filed an abatement application with the City Assessors requesting a reduction in the assessed value and a corresponding reduction in taxes. The City Assessors denied the abatement application. Martin filed a Petition with the Appellate Tax Board appealing the City’s denial and the case was litigated at the Appellate Tax Board. During the course of the litigation, additional tax bills were issued for fiscal years 2009 and 2010. Applications for Abatement were filed for the additional fiscal years and those petitions were also denied. Martin filed additional Petitions with the Appellate Tax Board for the additional fiscal years 2009 and 2010 and the cases were joined at the Appellate Tax Board and scheduled to be heard together. Shortly before the trial, Martin successfully negotiated a settlement of all of the pending claims with the City. The terms of the settlement provided that the assessed value of the property was significantly reduced for each of the three fiscal years, resulting in the agreed upon value for fiscal year 2010 being set at $2,247,751.00. The reduction in value from $4,273,800.00 to 2,247,751.00 amounts to an abatement of $2,026,049.00 and a significant reduction in tax liability for the property owner. Martin’s client received a substantial refund for taxes paid for fiscal years 2008, 2009 and will receive a credit or a tax refund for fiscal year 2010.
Contact Info:
James F. Martin, Esq. (413) 732-2301
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